The holiday season is a time for celebration, but it’s also a time when impaired driving incidents rise significantly. Across Canada, police forces intensify their efforts to combat impaired driving through programs like RIDE (Reduce Impaired Driving Everywhere). It is crucial that Ontario drivers understand what the RIDE program entails, the potential consequences of an impaired driving charge, and their legal rights during a traffic stop is crucial.
What is the RIDE Program?
RIDE stands for Reduce Impaired Driving Everywhere and is an initiative run by police forces across Canada, particularly active during the festive season. The RIDE program sets up random roadside checkpoints to catch impaired drivers and deter others from driving under the influence. The goal is to promote road safety and reduce the number of alcohol and drug-related accidents, which tend to spike around holidays.
During a RIDE stop, police can:
- Pull vehicles over randomly.
- Ask drivers to provide a breath sample.
- Check for signs of impairment due to alcohol or drugs.
Consequences of an Impaired Driving Charge
Legal Penalties Under Ontario Law
Under Ontario law, driving while impaired by alcohol or drugs is a serious offence with severe penalties. If you are charged with impaired driving, you can face:
- Immediate licence suspension: A 90-day suspension under the Administrative Driver’s Licence Suspension (ADLS) program.
- Vehicle impoundment: Your vehicle will be impounded for seven days.
- Fines and court fees: Minimum fine of $1,000 for a first offence.
- Criminal record: A conviction for impaired driving results in a criminal record, which can affect your future significantly.
- Mandatory education programs: You may be required to complete the “Back on Track” program before getting your licence reinstated.
- Ignition interlock device: You may have to install and pay for an ignition interlock device on your vehicle.
Long-Term Implications
Beyond the immediate legal penalties, an impaired driving charge can have lasting effects on your life:
- Increased Insurance Rates: Insurance premiums can skyrocket after an impaired driving conviction. You may even be classified as a “high-risk” driver, making coverage difficult and costly.
- Employment Consequences: Certain jobs, especially those involving driving or operating machinery, may be off-limits. Employers often view impaired driving charges as a serious offence.
- Travel Restrictions: A criminal record can make it difficult to travel internationally, including to countries like the UK or Australia.
- Personal Impact: Beyond the financial and professional consequences, impaired driving can damage your reputation and relationships.
What Are Your Rights During a Traffic Stop?
Steps to Take When Stopped by Police
If you are stopped at a RIDE checkpoint or during any routine traffic stop, it is essential to know how to conduct yourself:
- Remain Calm and Polite: Keep your hands visible on the steering wheel and avoid making sudden movements.
- Provide Requested Documents: When asked, you must legally provide your driver’s licence, vehicle registration, and proof of insurance.
- Follow Instructions: If the officer asks you to step out of the vehicle or take a breath test, comply with the request.
Under the Canadian Charter of Rights and Freedoms, you have certain protections during a traffic stop, including:
- Right to Silence: You are not required to answer incriminating questions beyond providing basic information.
- Right to Legal Counsel: If you are detained or arrested, you have the right to speak to a lawyer without delay.
- Right Against Unreasonable Search and Seizure: Police need reasonable grounds to search your vehicle unless you consent.
However, refusing to comply with a breath test request can result in charges as severe as impaired driving charges.
What to Do if You Are Charged with DUI?
If you are charged with impaired driving, contacting a DUI lawyer as soon as possible is critical. A lawyer can help you understand the charges against you, the potential penalties, and the best way to build a defence. An experienced lawyer can also:
- Identify any procedural errors during your arrest.
- Challenge the accuracy of breath or blood tests.
- Negotiate for reduced penalties or alternative resolutions.
Your lawyer will help you build a defence based on the specifics of your case. Potential defences can include:
- Challenging the Validity of the Stop: If the stop was unlawful, evidence gathered may be inadmissible.
- Questioning the Accuracy of Tests: Breathalyzers must be correctly calibrated and administered.
- Medical Conditions: Certain medical conditions can affect breath test results.
The Dangers of Impaired Driving
In December 2024, the Durham Police Festive RIDE program reported that 16 drivers were charged with impaired driving in a single week. Despite fewer charges than the previous week, the total for the program’s first three weeks was up 23% from 2023. Police stopped 4,011 vehicles and conducted 174 roadside breath tests during that period, highlighting the thoroughness of these holiday checkpoints.
These figures show that even small amounts of alcohol can result in charges. The consequences are severe, and police are vigilant in their enforcement efforts.
Tips for Safe Driving During the Holidays
- Plan Ahead: If you plan to drink during the holidays, planning is essential. One option is to designate a sober driver in your group to ensure everyone gets home safely. Alternatively, consider using public transit, taxis, or ride-sharing services, which offer a safer travel method if you’ve been drinking. Another practical choice, if you’re attending a party, is to stay overnight rather than risk driving home while impaired.
- Monitor Your Alcohol Intake: Even one or two drinks can impair your ability to operate a vehicle safely, so knowing your limits is essential. To help manage your alcohol intake, consider pacing yourself by drinking water between alcoholic beverages to slow down your consumption.
- Recognize When Someone Else Shouldn’t Drive: If a friend or family member appears impaired, stopping them from driving by taking their keys away is necessary. In addition, suggest alternatives such as a ride-share service or offer them a place to stay to ensure they remain safely off the road.
Contact AR Law Today
Impaired driving remains a major concern during the holidays, and programs like RIDE aim to reduce the risks for everyone on the road. Understanding the consequences of an impaired driving charge, knowing your rights during a traffic stop, and taking steps to drive safely can help ensure a safer holiday season for you and your loved ones. If you face impaired driving charges, contacting a qualified DUI lawyer at AR Law after an arrest is vital for protecting your rights and future.
Call AR Law today at 416-960-0781 for a free case evaluation about your legal rights.